8 June 2004 · Planning Committee on Review
Ballagarraghyn Farm, Main Road, St. Johns, Isle Of Man, IM4 3lh
The application sought approval in principle to convert four redundant farm buildings within the grounds of Ballagarraghyn Manor House—a mill, barn, piggery, and Beggar's Cottage—to individual dwellings.
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The Planning Committee applied Circular 1/88 discouraging non-agricultural residential development in the countryside where residential use has been abandoned, noting this applied regardless of reside…
Renovation of buildings in the countryside
Requires redundant countryside buildings to be substantially intact, structurally capable of renovation, and either registered/worthy, of architectural/historic/social interest, or beneficial to countryside character from public views. Buildings A/B/C met criteria as traditional, visible farm structures; Beggar's Cottage failed on condition, interest, and visibility—no survey proved soundness, ruinous state with lost roof/walls.
Renovation of buildings in the countryside - Policy 4
Permits modest/appropriate scale extensions matching original design/materials only if essential and impracticable inside; no subsequent extensions. Approved for A/B/C implicitly via conditions; cottage extension rejected as >100% footprint increase, >200% floor area, two-storey L-shape dominating ruins.
Residential Development - Houses in the Countryside
Discourages non-agricultural dwellings in countryside including where residential use abandoned. Applied stringently but conversions allowed exceptionally for qualifying buildings A/B/C; cottage treated as new dwelling via rebuild, curtilage irrelevant.
Time limit for reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Limits to approved buildings
This approval relates to the conversion of the mill building (building A), the barn (building B) and the piggery (building C) to individual dwellings only and does not include the refurbishment and extension of the beggar's cottage (building D).
Compliance with renovation policy
The Reserved Matters application must demonstrate a conversion scheme for each building which is wholly compliant with the provisions of Planning Circular 3/89 'Renovation of buildings in the countryside.'
Curtilages, access, parking
The Reserved Matters application must define residential curtilages, access and parking arrangements for each property.
Bat survey
The Reserved Matters application must include the survey results of a bat survey carried out in each building.
Water supply
The Development hereby approved shall not be commenced until such time as the new water treatment works supplying the eastern supply area has been commissioned, or an adequate potable water supply is available to site, to the satisfaction of the Planning Committee, in consultation with the Isle of Man Water Authority.
Flood mitigation
The millrace which runs from the rear of the disused mill and alongside the property before discharging into the stream at the corner of the building is capable of transferring significant amounts of water during storm periods. The Reserved Matters application must include mitigation measures to prevent flooding of the property.
Mill wheel preservation
The mill wheel on building A must be preserved as part of this development and this must be included as part of the Reserved Matters application.
no adverse traffic impacts subject to conditions
supported the principle of the development
Isle of Man Water Authority objected to PA 04/00407/A due to insufficient water supply capacity but offered to withdraw objection with a specific condition; Highways Division had no objection subject to parking and turning conditions; DOT Drainage had no objection subject to floo…
Key concern: Authority does not at present have the capacity to supply the proposed development with potable water
Isle of Man Water Authority
Conditional No ObjectionThe Authority considers the application to be premature as the Authority does not at present have the capacity to supply the proposed development with potable water.; The Authority would, however, be prepared to withdraw its objection subject to suitable conditions being imposed.
Conditions requested: No construction of the proposed dwellings shall commence until such time as the Isle of Man Water Authority gives notice in writing to the Committee that the Authority will within six months of the date of such notice have the capacity to provide to the proposed dwellings a supply of wholesome water sufficient for the domestic purposes of the proposed dwellings.
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions; To ensure the provision of satisfactory vehicle parking arrangements for occupied dwellings.
Conditions requested: Parking arrangements on site shall comply with the provisions of Manx Roads 1.; The access drive arrangements shall comprise a turning feature to permit a motor car to turn round within the site, so that the vehicle can emerge from the site in forward gear.
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to; The applicant should be aware that there is a millrace
Conditions requested: mitigation measures must be shown in any detailed planning application to prevent flooding of the property.; no alterations to any watercourse may be undertaken with the approval of the Departments Land Drainage Engineer.
Department of Agriculture, Fisheries And Forestry Wildlife and Conservation Office
Conditional No Objectionthese applications include extensive works on a number of buildings, in an area that is likely to be good for bats.; If the Planning Committee is minded to agree with the principle of the developments, then we request that conditions be included, requiring a survey for bats before detailed applications are considered.
Conditions requested: conditions be included, requiring a survey for bats before detailed applications are considered
German Parish Commissioners
No CommentMy Commissioners do not wish to make a comment on the application for approval in principle however they are unlikely to approve so many dwellings on the site.
The original application PA 04/00407/A sought approval in principle for conversion of four redundant farm buildings to dwellings; Parts A-C (Mill, barn, piggery) were approved but Part B (Beggar's Cottage) was refused initially on 28 May 2004 and confirmed at review on 29 October 2004. The appellant argued the building retained residential status within the curtilage of the mansion house, was structurally sound for renovation, of social historic interest as one of few beggar's cottages, and necessary for economic viability of preserving the building group, not setting a countryside precedent as it would form a hamlet. The Planning Committee defended refusal citing non-compliance with Circular 3/89 as the ruinous structure was not substantially intact, structurally capable of renovation, of architectural/historic interest, or visible publicly, in an area discouraging new dwellings. The inspector concluded the building failed Circular 3/89 criteria due to its ruinous state and abandoned residential use, rejected economic viability arguments, and recommended dismissal. A related appeal for a new dwelling on a former silage pit site (PA 04/00408/A, AP 2470) was documented but not decided here.
Precedent Value
Ruinous structures, even historically interesting, must be substantially intact and structurally proven capable of renovation to qualify under Circular 3/89; economic need or curtilage location insufficient to override countryside protections; provide structural surveys and evidence of retained character/public benefit.
Inspector: G Farrington
